Transportation deal not yet sealed (UPDATE)

UPDATE:
The debate on transportation could spill over into Tuesday, senators said.

The Senate voted 19-4 for a negotiated agreement on House Bill 16, which would specify how things would work if two-thirds of lawmakers approve, and voters endorse, a proposed constitutional amendment to divert to transportation some oil and gas production revenues that otherwise would go into the rainy day fund.

Judging from the vote on HB16, the Senate at this moment is short of the 21 votes needed to advance the constitutional amendment. Several senators were absent.

The dispute over the bill centers over some Republicans’ push to establish a floor in the constitution that would cut off the diversion of money to transportation when the rainy day fund reached a certain level.

Others, including a number of House Democrats, have opposed that idea because they say the Legislature in any case gets to decide whether to take money from the fund. House action was pending.

As agreed upon by negotiators, the Legislative Budget Board would set the trigger before each legislative session – specifying how much money must remain in the fund before money can be allocated to transportation. The trigger wouldn’t be in the constitution, but it would be in the law. That raises concerns for some who want a floor because it could be more easily changed.

ORIGINAL POST:
Legislative negotiators have agreed on transportation funding, but the deal’s not sealed, one said Monday.

“Now we have to take it to our respective bodies,” said Rep. Joe Pickett, D-El Paso, one of the negotiators.

He said continued discussion is expected over a push by some Republicans who say they need to ensure that the rainy day fund keeps a solid balance despite the diversion of some funds to transportation. Others, including a number of House Democrats, have opposed that idea because they say the Legislature in any case gets to decide whether to take money from the fund.

As agreed upon by negotiators, the Legislative Budget Board would set the trigger before each legislative session – the floor below which the fund can’t fall for transportation funding to be allocated.

That provision wouldn’t be in the proposed constitutional amendment, which would allow the rainy day funding to go to transportation. Instead, it would be in the state law that implements the amendment.

But there is angst about the idea, Pickett said.

“There are some Democrats who aren’t happy with it, because they say it has a floor. There are some Republicans who aren’t happy with it, because they say it doesn’t have a floor,” Pickett said. “This is where the discussion is going to be today.”

Some Democrats’ votes are needed to secure the deal because a constitutional amendment requires a two-thirds vote in the Legislature to be put on the ballot. Republicans have a majority, but not two-thirds.

The overall deal would allow close to $900 million more a year to go into Texas highways, if voters agree to divert oil and gas production revenues that otherwise would go into the rainy day fund, whose formal name is the economic stabilization fund.

The House and Senate convene this afternoon. Gov. Rick Perry has signaled he’ll call lawmakers back for a third special session if they don’t approve a transportation-funding proposal.